Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57492 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- MESKAUR District- Nawada ====================================================== Shiva Kumar, Son of Dilip Rajbanshi, Resident of Village- Eba, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Meskaur P.S. Case No. 132 of 2025 for the offences registered under Sections 30(a), 41 of the Bihar Prohibition & Excise Act.

3. There is recovery of 70 litre illicit liquor from a motorcycle on which petitioner and co-accused Tarun Rajbanshi were riding. They were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was passing through the way and due to suspicion he was arrested. Nothing has been recovered from the possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner has two criminal antecedents in which

Patna High Court CR. MISC. No.57492 of 2025(3) dt.11-09-2025 2/3 he is on bail. He is in custody since 08.07.2025. He undertakes to co-operate in the trial. Similarly situated co-accused, namely, Tarun Rajbanshi has already been granted bail by this Court vide order dated 03.09.2025 passed in Cr. Misc. No. 57526 of 2025.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court- 1, Nawada in connection with Meskaur P.S. Case No. 132 of 2025, subject to following conditions:- (i) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(ii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

Patna High Court CR. MISC. No.57492 of 2025(3) dt.11-09-2025 3/3 (iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Sunil Dutta Mishra, J.) rakhi/- U T